HomeMy WebLinkAboutRes1989-066
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Sponsored by: Schaefermeyer
THE CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A TEMPORARY USE
PERMIT TO CHUGACH ALASKA CORPORATION TO ALLOW
THE CONSTRUCTION OF A BRIDGE ACROSS SPRING
CREEK FOR USE AS A LOG ACCESS ROAD
WHEREAS, Chugach Alaska Corporation, Inc., has contracted with
the city to offload log barges at the SMIC dock; and
WHEREAS, it is most efficient to move the logs from the North
Dock to the mill with oversized off-highway trucks which cannot be
safely operated on city roads; and
WHEREAS, it is in the public interest to route log trucks over
a private, restricted haul road where they will not cross or travel
along a public road; and
WHEREAS, Chugach Alaska Corporation, Inc., has an agreement
to construct a haul road across private property between the mill
and the North Dock; and
WHEREAS, Chugach Alaska Corporation, Inc., has received
permission from the Alaska Department of Fish and Game to construct
a bridge across Spring Creek at the property line between the city
and private properties where the haul road enters the private
property; and
WHEREAS, the city manager has the authority to issue a
temporary, l20-day permit without a public hearing for such uses
of city property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The city manager is authorized to issue a l20-day
temporary use permit to Chugach Alaska Corporation, Inc., to
construct and use a bridge across Spring Creek and abutting on city
property in the SMIC.
Section 2. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 12th day of June, 1989.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-066
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
Har~:'~or
GIESELER, DUNHAM, HILTON, MEEHAN, NOLL, SIMUTIS
NONE
O'BRIEN
NONE
(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~ 1fI~
Fred B. Arv~dson
City Attorney
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SEWARD MARINE INDUSTRIAL CENTER
TEMPORARY PERMIT
S ['1.O(",eo
This Temporary Permit is issued this ___day of June, 1989, by the City
of Seward, Alaska, a municipal corporation located in the Kenai Peninsula
Borough, State of Alaska ("City" herein), to Chugach Alaska Corporation,
Inc. a corporation organized and existing under the laws of the State of
Alaska and 43 U.S.C. #1601 et, ~ (Permitee: herein).
1. Right of Use. Permittee shall be entitled to use the following
described real property located in the Seward Marine Industrial Center:
That portion of U.S. Survey 4827 circled on the map which is
attached to this permit as Exhibit A and by this reference
incorporated herein.
Permittee shall be allowed to use the property
transport of timber and timber products to and
and Permittee's timber products manufacturing
be entitled to construct certain improvements
such transport, including a haul road and all
for its bridge over Spring Creek.
only in connection with its
from the Ci ty' s North Dock
facility. Permittee shall
on the property related to
necessary support structures
2. Special Conditions. Permittee shall install a locking gate and a sign
at the South abutment to restrict access to only employees and Contractors
of the Chugach Timber Products, Inc. The gate will be kept locked at all
times, except when the bridge is in use as described above. The bridge
approach will not interfere with the beach access road along the south of
Spring Creek and Permittee will post warning signs on this road when using
the bridge.
3. Term. This Permit shall be effective upon its issuance by the City
and after Permittee has complied with all of the prov~s~ons of Paragraph
4. This Permit shall terminate automatically on midnight of the one hundred
and twentieth day after issuance.
4. Insurance. This Permit will not become effective until such time as
the City has received'the following from Permittee:
a. Satisfactory evidence
of insurance covering its
coverage limits:
1.
2.
that Permittee has obtained a policy or policies
operations on the property with the following
General Liability $1,000,000
Workman's Compensation Statutory
b. A determination by the City's Insurance Broker that the insurance
carried by Permittee is of such type and has such provisions as will permit
it to serve as the underlying coverage for any City excess policy and an
acknowledgment from that Broker that the city excess policy or policies will.
be effect during operations by Permittee.
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c. All insurance policies shall provide for thirty (30)
of cancellation and/or material change to be sent to the City.
policies shall contain the following or equivalent clauses:
days' notice
All insurance
(1) The City, its
insureds as respects
terms of this Permit.
and agents are added as additional
named insured performed under the
officers, employees
operations of the
(2) It is agreed that any insurance maintained by the City shall apply
in excess of, and not contribute to, insurance carried by Permittee.
d. All of the required insurance policies shall provide that the insurers
waive their rights of subrogation against the City and the Permittee and
their respective officers, servants, agents or employees. Permittee further
agrees to waive, and agrees to have its insurers waive, any rights of
subrogation with respect to deductibles under such policies and with respect
to damage to Permittee's improvements, including the loss of the use thereof,
whether insured or not.
e. The general liability endorsement and Workers I Compensation/Employers'
liability endorsement shall be in a form satisfactory to City in its sole
discretion.
f. This Permit may be cancelled at any time by the City and will
automatically cancel, without notice from the City, if the insurance policies
required above are cancelled for any reason,
5. Indemnity. The Permittee agrees to hold the City entirely free and harmless
and to defend the City from all claims for personal injuries and/or property
damage of every kind and character relating to the Permittee's use, or the
use by its subleases, agents, customers or contractors, of the property.
6. Miscellaneous. This Permit signed by both City and Permittee may be
modified only in writing.
7. Termination. The City may terminate this Permit at any time for cause,
upon delivery of written notice to Permittee thirty (30) days prior to the
date of intended termination. If the Permit is terminated, the Permittee
shall promptly remove any equipment and its improvements from the property.
City of Seward
Chugach Alaska Corporation, Inc.
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